EAT UNFAIR DISMISSAL – Reasonableness of dismissal
The employer, a Club, needed to make savings and decided that the role of club steward was no longer required. It dismissed the employee, the club steward, for redundancy. The Tribunal found that the dismissal was unfair, in particular because ‘no consideration was given to the possibility of establishing a pool from which any redundancies could be made’.
Held: section 98(4) required the Tribunal to consider whether it was reasonable for the club to focus upon the club steward as the employee potentially to be made redundant. Appeal allowed. Cases considered: Taymech Ltd v Ryan [1994] UKEAT/663/94, Capita Hartshead v Byard [2012] UKEAT/0445/11, and Halpin v Sandpiper Books Ltd [2012] UKEAT/0171/11.
Judges:
David Richardson J
Citations:
[2012] UKEAT 0190 – 12 – 1007
Links:
Jurisdiction:
England and Wales
Employment
Updated: 04 November 2022; Ref: scu.463687